87R6907 EAS-F
	By: Johnson	S.B. No. 1478

	A BILL TO BE ENTITLED
	AN ACT
	relating to the establishment of the Texas Do-Not-Sell Registry for
	firearms; creating criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 411, Government Code, is amended by
	adding Subchapter H-1 to read as follows:
	SUBCHAPTER H-1. TEXAS DO-NOT-SELL REGISTRY
	Sec. 411.221.  DEFINITIONS. In this subchapter:
	(1)  "Firearm" has the meaning assigned by Section
	46.01, Penal Code.
	(2)  "Registry" means the Texas Do-Not-Sell Registry
	created by this subchapter.
	Sec. 411.222.  REGISTRY OF INDIVIDUALS WAIVING RIGHT TO
	PURCHASE OR RECEIVE TRANSFER OF FIREARM. (a)  The department shall
	establish and maintain a secure electronic registry to collect and
	store information regarding individuals who have voluntarily
	waived the right to purchase or receive transfer of a firearm under
	Section 411.223.
	(b)  To be eligible to have the individual's waiver
	information included in the registry, an individual must be:
	(1)  a resident of this state;
	(2)  at least 18 years of age; and
	(3)  not otherwise prohibited by state or federal law
	from possessing a firearm.
	Sec. 411.223.  WAIVER OF RIGHT TO PURCHASE OR RECEIVE
	TRANSFER OF FIREARM. (a)  An individual may submit to the
	department, on a form prescribed by the department, a waiver of the
	individual's right to purchase or receive transfer of a firearm.
	The individual may submit the waiver form to the department either
	in person or by mail and must include with the form any supplemental
	materials required by the department under Subsection (c) to ensure
	accuracy of information on the form.
	(b)  The waiver form must require the individual to provide
	information sufficient to enable the department to:
	(1)  verify the individual's identity; and
	(2)  submit the information to the Federal Bureau of
	Investigation for use with the National Instant Criminal Background
	Check System.
	(c)  The department by rule shall require an individual to
	submit a copy of the individual's government-issued photo
	identification with the waiver form and may require any other
	supplemental materials to ensure accuracy of information on the
	form. The waiver form must include instructions on which
	supplemental materials should accompany the waiver form, if any.
	(d)  In addition to other requirements specified by
	department rule, the waiver form must contain the following
	prominently displayed statement:
	"BECAUSE YOU HAVE SUBMITTED THIS WAIVER, YOUR INFORMATION
	WILL BE SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
	SYSTEM WHICH WILL PREVENT YOU FROM PURCHASING OR RECEIVING TRANSFER
	OF ANY FIREARMS WHILE THE WAIVER IS IN EFFECT. YOU MAY VOLUNTARILY
	REVOKE THIS WAIVER AT ANY TIME BY SUBMITTING A REVOCATION FORM TO
	THE TEXAS DEPARTMENT OF PUBLIC SAFETY."
	(e)  In submitting the waiver, the individual may provide the
	name and contact information of a third person to be notified if the
	individual revokes the waiver.
	(f)  The fact that an individual has submitted a waiver under
	this section or is listed in the voluntary registry does not in
	itself prohibit the individual from possessing a firearm under
	state law.
	(g)  A waiver under this subchapter is valid only if the
	waiver:
	(1)  is submitted by an individual described by Section
	411.222(b) for the purpose of waiving that individual's right to
	purchase or receive transfer of a firearm;
	(2)  provides all of the information required to be
	included on the waiver form under Subsection (b); and
	(3)  includes any supplemental materials required
	under Subsection (c).
	Sec. 411.224.  ADDITION TO REGISTRY AND NATIONAL INSTANT
	CRIMINAL BACKGROUND CHECK SYSTEM. (a)  As soon as practicable after
	the department receives a waiver form and any accompanying
	materials, the department shall determine whether the waiver is
	valid and meets the requirements of Section 411.223(g).
	(b)  If the department determines that the submitted waiver
	is valid, the department shall:
	(1)  provide the information from the waiver to the
	Federal Bureau of Investigation for use with the National Instant
	Criminal Background Check System; and
	(2)  notify the individual by mail that the
	individual's information has been submitted for inclusion in the
	National Instant Criminal Background Check System.
	(c)  If the department determines that the submitted waiver
	is not valid, the department shall provide to the individual by
	mail, as applicable:
	(1)  notice that there is a deficiency in the waiver
	form or in the supplemental materials submitted with the waiver
	form, which must include instructions that will assist the
	individual in correcting the deficiency; or
	(2)  notice that the individual is not eligible to be
	included on the registry.
	Sec. 411.225.  REVOCATION OF WAIVER; REMOVAL FROM REGISTRY.
	(a)  An individual who has previously submitted a valid waiver to
	the department and whose information has been included in the
	registry may revoke the waiver under this subchapter in person or by
	mail by submitting a revocation to the department on a form
	prescribed by the department.
	(b)  The revocation form must require the individual to
	provide information sufficient to enable the department to verify
	that the individual submitting the revocation form is the same
	individual who submitted the waiver.
	(c)  As soon as practicable after the department receives a
	revocation form, the department shall determine if the revocation
	is valid.
	(d)  If the department determines that the submitted
	revocation is valid, the department shall notify both the
	individual who submitted the revocation form and the third person
	designated with the submission of the waiver under Section
	411.223(e), if applicable:
	(1)  that the department has received a revocation
	form; and
	(2)  of the date by which the department will provide
	the information from the form to the Federal Bureau of
	Investigation to enable that agency to remove the individual's
	information from the National Instant Criminal Background Check
	System.
	(e)  If the department determines that the submitted
	revocation is not valid, the department shall provide to the
	individual by mail:
	(1)  notice that the revocation is deficient; and
	(2)  instructions that will assist the individual in
	correcting the deficiency.
	(f)  A revocation under this subchapter is valid only if:
	(1)  the individual requesting the revocation submits
	the revocation form as required by the department;
	(2)  the revocation form provides all of the
	information required to be included on the form by the department;
	and
	(3)  the department is able to verify the individual's
	identity through the information provided on the revocation form.
	(g)  Except as provided by Subsection (h), as soon as
	practicable after the date the department receives a valid
	revocation form, the department shall:
	(1)  provide the information from the form to the
	Federal Bureau of Investigation to enable that agency to remove the
	individual's information from the National Instant Criminal
	Background Check System; and
	(2)  remove the individual's information from the
	voluntary registry.
	(h)  The department may not remove information about an
	individual from the voluntary registry or submit that individual's
	information to the Federal Bureau of Investigation before the 10th
	day after the date the individual submitted a waiver for inclusion
	in the registry, regardless of whether a revocation of the waiver is
	submitted before the expiration of that period.
	Sec. 411.226.  WAIVERS AND REVOCATIONS BY OTHER INDIVIDUALS
	NOT PERMITTED. (a)  An individual may not submit a waiver or
	revocation form under this subchapter on behalf of another
	individual, regardless of the relationship between the
	individuals.
	(b)  The department may not add or remove an individual's
	information from the registry based on a waiver or revocation form,
	as applicable, that is submitted by another individual.
	Sec. 411.227.  MULTIPLE WAIVERS AND REVOCATIONS PERMITTED.
	An individual may make one or more waivers or revocations of waiver
	under this subchapter, as the individual considers necessary or
	appropriate.
	Sec. 411.228.  AVAILABILITY OF FORMS. The department shall
	make available the waiver form described by Section 411.223 and the
	revocation form described by Section 411.225 on the department's
	Internet website. The Internet website must include clear
	instructions for:
	(1)  completing and submitting a waiver or revocation
	form; and
	(2)  submitting with the waiver any supplemental
	materials needed to ensure accuracy of information on the waiver
	form.
	Sec. 411.229.  CONFIDENTIALITY AND DISCLOSURE OF
	INFORMATION. (a)  Except as provided by Subsection (b),
	information maintained by the department regarding an individual
	who has voluntarily waived the right to purchase or receive
	transfer of a firearm under this subchapter:
	(1)  is confidential and not subject to disclosure
	under Chapter 552; and
	(2)  may only be disclosed to:
	(A)  a law enforcement officer in connection with
	a prospective transfer of a firearm; or
	(B)  the individual who is the subject of the
	information in the form.
	(b)  The department may release anonymized statistics
	regarding:
	(1)  the number of individuals who submitted waivers
	under Section 411.223 for inclusion on the registry;
	(2)  the number of individuals who submitted
	revocations under Section 411.225 for removal of their information
	from the registry; and
	(3)  the number of individuals whose information is
	currently included in the registry.
	Sec. 411.230.  OFFENSE: SUBMITTING INFORMATION ON BEHALF OF
	ANOTHER.  (a)  A person commits an offense if the person knowingly
	submits to the department:
	(1)  a waiver under Section 411.223 to add the
	information of another individual to the registry; or
	(2)  a revocation under Section 411.225 to remove the
	information of another individual from the registry.
	(b)  An offense under this section is a Class A misdemeanor.
	Sec. 411.231.  OFFENSE: DISCRIMINATION.  (a)  A person
	commits an offense if the person for any reason discriminates
	against an individual with respect to employment, housing,
	education, public benefits, insurance, or any other benefit or
	service because of the individual's perceived status as:
	(1)  a person listed in the registry; or
	(2)  a person not listed in the registry.
	(b)  An offense under this section is a Class A misdemeanor.
	Sec. 411.232.  OFFENSE: REQUIRING REGISTRATION OR
	REVOCATION OF REGISTRATION.  (a)  A person commits an offense if the
	person requires, as a condition for employment, housing, education,
	public benefits, insurance, or any other benefit or service, the
	individual to disclose or modify the individual's status as:
	(1)  a person listed in the registry; or
	(2)  a person not listed in the registry.
	(b)  An offense under this section is a Class A misdemeanor.
	Sec. 411.233.  CONSIDERATION IN LEGAL PROCEEDINGS
	PROHIBITED. A court may not consider a waiver or revocation under
	this subchapter as evidence in any legal proceeding other than in
	the prosecution of an offense under Section 46.06(a)(7), Penal
	Code, or an offense under this subchapter.
	Sec. 411.234.  RULES. (a)  The director shall adopt rules to
	establish and maintain the secure electronic registry, including
	rules prescribing the forms necessary for submission or revocation
	of a waiver described by this subchapter.  The rules may not
	establish any eligibility requirements to submit a waiver or
	revocation form other than the requirements under this subchapter.
	(b)  The department by rule shall establish procedures that
	will enable the department to provide information from a waiver
	form under Section 411.223 or a revocation form under Section
	411.225 to the Federal Bureau of Investigation for use with the
	National Instant Criminal Background Check System.
	(c)  The department by rule shall establish a procedure to
	correct department records as necessary to accurately reflect an
	individual's waiver status and a procedure to transmit the
	corrected records to the Federal Bureau of Investigation.
	SECTION 2.  Section 51.9194(a), Education Code, is amended
	to read as follows:
	(a)  A general academic teaching institution shall provide
	to each entering full-time undergraduate, graduate, or
	professional student, including each full-time undergraduate,
	graduate, or professional student who transfers to the institution,
	information about:
	(1)  available mental health and suicide prevention
	services offered by the institution or by any associated
	organizations or programs; [and]
	(2)  an individual's ability to voluntarily waive the
	right to purchase or receive transfer of a firearm through the
	registry created under Subchapter H-1, Chapter 411, Government
	Code; and
	(3)  early warning signs that are often present in and
	appropriate intervention for a person who may be considering
	suicide.
	SECTION 3.  Section 1001.072, Health and Safety Code, is
	amended to read as follows:
	Sec. 1001.072.  GENERAL POWERS AND DUTIES OF DEPARTMENT
	RELATED TO MENTAL HEALTH. The department is responsible for
	administering human services programs regarding mental health,
	including:
	(1)  administering and coordinating mental health
	services at the local and state level;
	(2)  operating the state's mental health facilities;
	[and]
	(3)  incorporating an individual's ability to
	voluntarily waive the right to purchase or receive transfer of a
	firearm under Subchapter H-1, Chapter 411, Government Code, into
	department training, curriculum, guidance, or other standards
	relating to suicide prevention; and
	(4)  inspecting, licensing, and enforcing regulations
	regarding mental health facilities, other than long-term care
	facilities regulated by the Health and Human [Department of Aging
	and Disability] Services Commission.
	SECTION 4.  Section 46.06(a), Penal Code, is amended to read
	as follows:
	(a)  A person commits an offense if the person:
	(1)  sells, rents, leases, loans, or gives a handgun to
	any person knowing that the person to whom the handgun is to be
	delivered intends to use it unlawfully or in the commission of an
	unlawful act;
	(2)  intentionally or knowingly sells, rents, leases,
	or gives or offers to sell, rent, lease, or give to any child
	younger than 18 years of age any firearm, club, or
	location-restricted knife;
	(3)  intentionally, knowingly, or recklessly sells a
	firearm or ammunition for a firearm to any person who is
	intoxicated;
	(4)  knowingly sells a firearm or ammunition for a
	firearm to any person who has been convicted of a felony before the
	fifth anniversary of the later of the following dates:
	(A)  the person's release from confinement
	following conviction of the felony; or
	(B)  the person's release from supervision under
	community supervision, parole, or mandatory supervision following
	conviction of the felony;
	(5)  sells, rents, leases, loans, or gives a handgun to
	any person knowing that an active protective order is directed to
	the person to whom the handgun is to be delivered; [or]
	(6)  knowingly purchases, rents, leases, or receives as
	a loan or gift from another a handgun while an active protective
	order is directed to the actor; or
	(7)  is a licensed firearms dealer and sells or
	otherwise transfers a firearm to a person the dealer knows is listed
	in the voluntary registry created under Subchapter H-1, Chapter
	411, Government Code.
	SECTION 5.  Section 46.06(b), Penal Code, is amended by
	adding Subdivision (3) to read as follows:
	(3)  "Licensed firearms dealer" means a person who is
	licensed as a firearms dealer under 18 U.S.C. Section 923.
	SECTION 6.  (a)  Not later than September 1, 2022, the
	Department of Public Safety of the State of Texas shall:
	(1)  develop and make available the waiver and
	revocation forms and create the voluntary registry required by
	Subchapter H-1, Chapter 411, Government Code, as added by this Act;
	(2)  adopt the procedures regarding submitting
	information under Subchapter H-1, Chapter 411, Government Code, as
	added by this Act, to the Federal Bureau of Investigation for use
	with the National Instant Criminal Background Check System; and
	(3)  adopt procedures regarding correcting department
	records of individuals listed in the voluntary registry under
	Subchapter H-1, Chapter 411, Government Code, as added by this Act.
	(b)  Not later than September 1, 2022, the Texas Board of
	Nursing, the Texas Medical Board, and the Texas Behavioral Health
	Executive Council shall notify all individuals licensed by those
	entities of the existence of the voluntary registry created under
	Subchapter H-1, Chapter 411, Government Code, as added by this Act.
	(c)  Section 46.06(a), Penal Code, as amended by this Act,
	applies only to a sale or other transfer of a firearm that occurs on
	or after September 1, 2022.
	SECTION 7.  This Act takes effect September 1, 2021.